John Carrillo v. Zacky Farms, Jim Freeze, Terri Peat
Published: Oct. 5, 2004 | Result Date: May 19, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02CECG00573 Verdict – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Dean B. Gordon
(Law Office of Dean B. Gordon)
Defendant
Minh T. Nguyen
(Nguyen Theam Lawyers LLP )
Experts
Plaintiff
Rick A. Sarkisian
(technical)
Phillip H. Allman III, Ph.D.
(technical)
Defendant
Royce Peterson
(technical)
Craig Pratt
(technical)
Steven D. Koobatian Ph.D.
(technical)
Butch Stewart
(technical)
Facts
The defendant, Zacky Farms, employed the plaintiff as a salaried supervisor for over 27 years at its turkey plant. On Oct. 29, 2000, the plaintiff made an accommodation request based upon a doctor's note. Zacky Farms granted the plaintiff's request with sick leave. The plaintiff came to Zacky Farms with another note dated Nov. 6, 2000 limiting his work days to 10 hours a day due to stress. Zacky Farms informed the plaintiff to take additional time off until he could return to work full-time. Full time salaried employees worked between 12 to 14 hours during the "fresh season" right before Thanksgiving. On Nov. 13, 2000, the plaintiff presented yet another note indicating that he could return to work full time. The plaintiff returned to work on Nov. 20, 2000. On Feb. 21, 2001, Zacky Farms discharged the plaintiff after a number of employees complained that plaintiff was verbally abusive, shouting profanity at them and that on two occasions threw turkeys at them.
Settlement Discussions
The plaintiff demanded $800,000 at the first mediation; the defendant offered $75,000. At the second mediation, the plaintiff demanded $400,000; the defendant repeated its offer of $75,000. On Dec. 30, 2002, the defendants made a C.C.P. Section 998 offer of $30,000, plus reasonable attorneys fees incurred up to the date of the offer. The plaintiff rejected the offer by operation of law.
Other Information
The defense will be submitting a request for costs.
Deliberation
three hours
Poll
12-0 (disability discrimination), 12-0 (failure to provide reasonable accommodation), 10-2 (retaliation)
Length
16 days
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